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NY L86833




August 17, 2005

CLA-2-62:RR:NC:N3:360 L86833

CATEGORY: CLASSIFICATION

TARIFF NO.: 6206.40.3030; 6114.20.0010

Mr. Anthony LoPresti
S.J. Stile Associates Ltd.
181 South Franklin Avenue
Valley Stream, NY 11581

RE: The tariff classification of women’s upper body garments from China

Dear Mr. LoPresti:

In your letter dated August 2, 2005, you requested a tariff classification ruling on behalf of MSB Intl. Ltd.

The submitted sample, style 90004S, consists of a women’s woven blouse constructed from 100 percent polyester fabric and a knitted top constructed from 95 percent cotton and 5 percent spandex fabric. The sheer pullover blouse features a V-neckline, short sleeves and an elasticized waist. The top features a V-neckline, adjustable shoulder straps and beading around the front neckline and on the upper bodice. The top back edge is cut straight across from side seam to side seam. The garments are attached at the shoulder seams and can be easily separated without damage to either garment. As such, each garment is separately classifiable under its own heading.

The applicable subheading for the woven blouse will be 6206.40.3030, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ blouses, shirts and shirt-blouses: of man-made fibers: other: other: other: women’s. The duty rate will be 27.6 percent ad valorem.

The applicable subheading for the knitted top will be 6114.20.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments, knitted or crocheted: of cotton: tops: women’s or girls’. The duty rate will be 10.8 percent ad valorem.

The blouse falls within textile category designation 641 and the top falls within textile category designation 339. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.gov.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Patricia Schiazzano at 646-733-3051.

Sincerely,

Robert B. Swierupski
Director,

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